§ 34-201. Same—Public hearing procedure

(a) Before enacting an amendment to this article, the planning commission shall hold a public hearing thereon. At least 15 but not more than 45 days prior to the date of the public hearing, the planning commission shall cause to be published within a newspaper of general circulation within the county a notice of the hearing. The notice shall state the time, place and purpose of the hearing. The notice shall also include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property. A sign containing the required public notice information shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing, nor more than 45 days before the hearing.

(b) The planning commission shall hold a public hearing on each application for an amendment pursuant to this article in accordance with a schedule adopted by the commission. As to each application, the planning commission shall make a recommendation for approval, denial, or deferral, or no recommendation. A written report and recorded transcript of the planning commission's recommendation shall be submitted to the commissioner and shall be a public record. The planning commission's action may recommend amendments to the applicant's request which would reduce the land area for which the application is made, change the district requested and recommend conditions of rezoning which may be deemed advisable so that the purpose of this article will, if applicable, be served, and health, public safety and general welfare secured. An applicant may withdraw the application at any time prior to the vote by the planning commission, but may not resubmit an application for the same amendment for a period of six months from the date of withdrawal.

(c)

(1)

All persons who wish to address the planning commission at a hearing on the proposed amendment under consideration by the planning commission shall first sign up on a form to be provided by the county prior to the commencement of the hearing.

(2) Each speaker shall be allowed three minutes to address the planning commission concerning the amendment then under consideration, unless the planning commission, by two-thirds vote of the members present, prior to or at the time of the reading of the proposed amendment, vote to allow additional time in which to address the commission on said proposed amendment. The speaker may initially use all of the time allotted to him to speak or he may speak and reserve a portion of his allotted time for rebuttal. One member of the planning commission shall be designated as the time keeper to record the time expended by each speaker.

(3) Each speaker shall speak only to the merits of the proposed amendment under consideration and shall address his remarks only to the members of the planning commission. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed amendment under consideration. The chair may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.

(4) Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to assure that the public hearing on a proposed amendment is conducted in a fair and orderly manner.

(d) Before taking action on a proposed amendment and after receipt of the planning commission's recommendations, the commissioner shall hold a public hearing on the proposed amendment made pursuant to this article. At the public hearing, the commissioner shall review the analysis submitted by the initiating party, and the recommendation prepared by the planning commission. So that the purpose of this article will be served, and health, public safety and general welfare secured, the commissioner may approve or deny the application, reduce the land area for which the application is made, change the district or land use category requested, add or delete conditions of the application, or allow an application to be withdrawn; provided, however, that an application for the same amendment may not be resubmitted for a period of six months from the date of withdrawal. An action by the commissioner to defer the application shall include a statement of the date and time of the next meeting at which the application will be considered, which statement shall constitute public notice of the hearing on the application and no further notice, such as that required by this section, is required.

(e)

(1)

All comments concerning a proposed zoning decision under consideration by the commissioner shall be in writing prior to the commencement of the hearing. The only exception will be the applicant who has filed the zoning request.

(2) The commissioner will read the proposed zoning decision under consideration and the departmental reviews pertaining thereto along with the recommendation of the planning commission, prior to receiving additional input on said proposed zoning decision. Proposed zoning decisions shall be called in the order in which they were filed.

(3) The commissioner shall then call on the applicant to speak.

(4) The applicant shall be allowed ten minutes to address the commissioner concerning the zoning decision then under consideration, unless the commissioner, prior to or at the time of the reading of the proposed zoning decision, allows additional time in which to address the commissioner on said proposed zoning decision. The applicant may initially use all of the time allotted to him to speak or he may speak and reserve a portion of his allotted time for rebuttal. A member of the commissioner's staff shall be designated as the time keeper to record the time expended by the applicant.

(5) The applicant shall speak only to the merits of the proposed zoning decision under consideration and shall address his remarks only to the commissioner. The applicant shall refrain from personal attacks on any other person or the discussion of facts or opinions irrelevant to the proposed zoning decision under consideration. The commissioner may limit or refuse the applicant the right to continue, if the applicant, after first being cautioned, continues to violate this subsection.

(6) Nothing contained herein shall be construed as prohibiting the commissioner from conducting the hearing in an orderly and decorous manner to assure that the public hearing on a proposed zoning decision is conducted in a fair and orderly manner.

(Ord. of 7-20-1994, § 11.01)